Common use of Right to Terminate for Failure to Meet Monthly Service Availability Requirement Clause in Contracts

Right to Terminate for Failure to Meet Monthly Service Availability Requirement. In the event that the monthly service availability target described in Section 3.1 is not met for the Service Areas listed in Section 8.2 above in any three calendar months within any four month period during the Term, then, at the end of any such third failed month, AT&T shall have the right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Motricity or to provide Motricity notice of AT&T’s intent to develop a “Get Well Plan.” In the event that AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Motricity to remedy the applicable performance failures and meet the service availability target set forth in Section 3.1. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence.

Right to Terminate for Failure to Meet Monthly Service Availability Requirement. In the event that the monthly service availability target described in Section 3.1 is not met for the Service Areas listed in Section 8.2 above in any three calendar months within any four month period during the Term, then, at the end of any such third failed month, AT&T shall have the *** This redacted material has been omitted pursuant to a request for confidential treatment, and the material has been filed separately with the Commission. right, in its sole discretion, to terminate the Agreement for cause upon thirty (30) days prior written notice to Motricity or to provide Motricity notice of AT&T’s intent to develop a “Get Well Plan.” In the event that AT&T delivers a “Get Well Plan” notice, the parties will use good faith efforts to agree to and execute on a plan for Motricity to remedy the applicable performance failures and meet the service availability target set forth in Section 3.1. Upon implementation of any such mutually agreed plan, a new four month measurement period to determine compliance with the service availability requirement will commence.